Federal Court


Immigration and Citizenship

Admission

Immigrants

Relevant experience was required as part of definition of “self-employed person”

Applicant was Iranian citizen who worked in film and art industry. Applicant applied for permanent residence as part of Self-Employed Persons class. Application was refused by visa officer on grounds that applicant did not satisfy definition of self-employed person in s. 88(1) of Immigration and Refugee Protection Regulations. Officer was not satisfied applicant was able to support himself as self-employed individual in field of cultural activities and therefore was not satisfied applicant met test for relevant experience. Applicant brought application for judicial review. Application dismissed. Officer’s notes adequately explained basis of decision that applicant lacked relevant experience. Relevant experience was required as part of definition of “self-employed person” in Regulations. Having reasonably concluded that applicant was not self-employed person, no further assessment of application was required. Negative decision did not mean documentation before officer was not credible. There was no breach of procedural fairness.

Momeni v. Canada (Minister of Citizenship and Immigration) (2017), 2017 CarswellNat 860, 2017 FC 304, Patrick Gleeson J. (F.C.).

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